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---·-co""'"P.\-Pmn_o_N_T_Rl-BU.. .N.. ":"'.AL--i~~ fi'-o~­ TR:BUNAL DE U C'1'lCURIENCE p F I L E 0 OTTAWA. ~.>.11i. COMPEITI'ION TRIBUNAL IN THE MA1TER OF an application by the Director of Investigation and Research under Sections 79 and Tl of the Competition Act, R.S.C. 1985, c. C-34, as amended;

AND IN THE MATIER OF The NutraSweet Company

BETWEEN: The Director of Investigation and Research Applicant - and -TF!l~J-L'.i·.:·· ..

r'.::,, r:i , . ~ T-1 'l/ ) . The NutraSweet Company ~:.'·¥~trt Respondent Exhi!:< ':.1 ·. ' :f'- / - and -~;:":," 4!,t/t!;,'" i.;_!3 ~~~.i~~;rc:: -1'~-'-'-fr"~~ ··· Tosoh Canada Ltd. Intervener

AFFIDAVIT OF DAVID McOUEEN I, David McQueen, of the Town of Uxbridge in the Province of Ontario, MAKE OATH AND SAY AS FOLLOWS:

R jfl.N 1.0 1990 M I ......1 .=..u __T; _. 1 r;i;t CT-89/2

1. I am a Professor of Economics at Glendon College, York University, in the City of Toronto. I have been retained by Tosoh Canada Ltd. (''Tosoh"), the Intervener herein, to provide my opinion on the anticompetitive nature of certain of the business practices of The Nutrasweet Company ("Nutrasweet").

2. I have a Bachelor of Commerce (Honours) degree from the University of Manitoba, a Master of Arts (Economics) degree from Queen's University, and a Ph.D. (Economics) from the London School of Economics. From 1952 to 1965, I was with the Research Department of the Bank of Canada, attaining the position of Assistant Chief. From 1965 to 1969, I was at the Economic Council of Canada and directed the research team involved with the Council's Interim Report on Competition Policy, (1969). Since 1969, I have been a professor of Economics at Glendon College of York University. Competition policy has continued to be a major interest and I co-authored with B. Dunlop and M. J. Trebilcock the book Canadian Competition Policy -- A Legal and Economic Analysis, (1987).

3. Now shown to me and attached as Exhibit "A" hereto is a copy of my Report, entitled "Assessment of the Anticompetitive Impact of the Business Practices of The Nutrasweet Company.".

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4. The contents of the Report attached as Exhibit "A" and the opinions expressed therein are true to the best of my knowledge, information and belief.

5. I make this affidavit pursuant to Rule 42 (1) of the Competition Tribunal Rules. SWORN BEFORE ME at the City of ) Toronto, in the Municipality of ) Metropolitan Toronto this 4th ) day of January, 1990 ) Commissioner for Taking Affidavits

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